re: Should Trump pull an EWE and not offer a defense?

quote:

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I think I’ve seen SFP say if the testimony isn’t presented at trial, it’s not admissible appeal.

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true, normally.... except:

non-disclosure of exculpatory Brady material will be part of the basis for that appeal and that will rest upon Costello...

A) stating he had exculpatory material when DA's office publicly disclosed a GJ was hearing the case on Trump (which they shouldn't have done anyway).

B) they refused to call him before GJ despite (A); he then rec'd the court's permission to appear ex parte, which he did.

C) has publicly stated that when he did appear before GJ they intentionally stated that they avoided asking questions that would elicit exculpatory information and would not let him elaborate.

D) he has some direct knowledge of the case having gotten first hand info directly from Cohen AND can be considered expert having been a Fed prosecutor including at... drumroll: SDNY fed office, in Manhattan.

So the "omission" will be part of the appeal and because it is an omission claim the DA's office will not be allowed to benefit from that omission. In the end, they have legal cover because they can consider him "expert" to call him if challenged.